Lease Terms

LEASE ORDER TERMS AND CONDITIONS

1.Terms

This Agreement entered into by and between the party named on the
Lease Proposal (“Lessee”), and MH Leasing LLC (“Lessor”), a Delaware limited liability company with offices located at 400 Rella Blvd. Suite 110 Suffern, NY
10901 shall be effective as of the last date on the last page hereof (the “Effective Date”) . Lessee and Lessor are periodically referred to as the “Parties,”
and each a “Party.” This Agreement covers rental transactions between
the parties for mobile and/or modular office trailers and ancillary equipment (steps, ramps, furniture) units  (“Equipment”) as described on the Lease Proposal. Notwithstanding anything to the contrary contained in any job specific Rental Order, pre-
printed terms, and conditions (including, without limitation, purported
limitations on liability, waivers of rights and remedies, and variations
from any of the warranty, guarantee, indemnity and liability, lease term
and termination provisions of this Agreement) are of no force or effect
and are superseded by the terms and conditions of this Agreement. This
Agreement commences on of the Effective Date and shall continue until the end of the ____ month after the Effective Date, provided that, unless either party terminates this Lease by providing written notice to the other party not less than in thirty (30) days’ prior to the expiration of the term, the Lease shall renew on a month to month bases until so terminated. Any
charges or remaining lease term due under Lease Proposal for the
Equipment under this Agreement will continue through the end of the
initial minimum term for each specific item of Equipment, subject to
provisions of Articles 15 and 16. The minimum initial term ( “Minimum
Initial Term”) for any item of Equipment is as set forth on page 1 (and
two, if any) of Lease Proposal, and will continue month-to-month
until terminated subject to the provisions in this Agreement.

2. Insurance, Certificate of Insurance

Policies of Insurance. Lessee, at Lessee’s cost and expense, must procure
and deliver to Lessor, before delivery to Lessee of the Equipment to be
leased in this Agreement, and keep in full force and effect during the
entire term of this Agreement or as long as the Equipment is in the care,
custody, or possession of Lessee, whichever is later, the following

policies of insurance:

(a) Lessee must procure all-risks insurance covering Lessor, as an
additional insured and loss payee, for loss of or damage to the

Equipment and all of Lessor’s property located on, at or adjacent to the
building site specified in the Rental Order or while in transit to the
building site specified in the Rental Order (including, at a minimum,
materials in place or to be used as part of the installation or

construction of the Equipment, surplus materials, temporary structures,
scaffolding and staging, protective fencing, bridging, forms, and
miscellaneous materials and supplies) on a full replacement cost basis.
At a minimum, such insurance must cover and must not exclude loss or
damage caused by: fire; lightning; explosion; windstorm; hail; riot; civil
commotion; vandalism; sprinkler leakage; volcanic action; falling objects;
weight of snow, ice or sleet; water damage; flood; earthquake or other
earth movement; and collapse. Such insurance must also cover Lessor
for loss of business income, loss of rental value or rental income, extra
expenses, expediting expenses, debris removal, preservation of

property, fire department service charge, pollutant clean-up and
removal, increased cost of construction, and electronic data.

(b) Lessee must procure liability insurance covering Lessor and Grasshopper Bank, each as an
additional insured and loss payee (as to Lessor) and lender’s loss payee (as to Grasshopper Bank), for sums Lessor becomes obligated to pay because
of bodily injury, property damage, or personal and advertising injury to
third parties, or for medical expenses to third parties, arising out of, in
whole or part, the use or condition of Lessor’s Equipment, or any
portion of Lessor’s Equipment, while in the custody, possession or
control of Lessee, with limits of liability of at least $1,000,000 per
occurrence. Write something…

The insurance policies required under this section must each have a
maximum deductible or self-insured retention of $5,000, for which
Lessee is responsible, must be primary over any policies of Lessor, must
contain provisions stating Lessee, and its insurer, waive all subrogation
rights against Lessor, and must contain provisions stating that the
policies cannot be cancelled or allowed to expire until at least 30 days’
after written notice is provided to Lessor.

Certificate of Insurance. Before the effective date of this Agreement,
Lessee must provide Lessor with Certificates of Insurance executed by a
duly authorized representative of each insurer, showing compliance with
the insurance requirements set forth above. Unless Lessee provides
Lessor with a certificate of insurance acceptable to Lessor, in the
amounts stated in this section, or Lessee has maintained a blanket
insurance certificate on file with Lessor, Lessee is required to utilize
Lessor’s Damage Waiver Program.

IF A CERTIFICATE OF INSURANCE OR NOTIFICATION OF SELF-
ASSUMPTION OF RISK OF LOSS IS NOT RECEIVED BEFORE THE
EFFECTIVE DATE OF THIS AGREEMENT, LESSEE AGREES TO UTILIZE

LESSOR’S DAMAGE WAIVER PROGRAM, UNDER WHICH AN AMOUNT
EQUAL TO THE DAMAGE WAIVER PROGRAM BILLING RATE FOR THE
EQUIPMENT UNDER AGREEMENT WILL BE ADDED TO THE INVOICE FOR
EACH BILLING PERIOD. THE DAMAGE WAIVER PROGRAM IS FOR

PROPERTY COVERAGE ONLY, SUBJECT TO THE PROVISIONS OF ARTICLE
3. THE DAMAGE WAIVER PROGRAM WILL BE APPLIED TO THIS

AGREEMENT FOR THE FULL TERM, UNLESS A CERTIFICATE OF

INSURANCE IS PROVIDED TO LESSOR DURING ANY BILLING CYCLE
AFTER THE MONTHLY PERIOD SPECIFIED IN THIS AGREEMENT, IN WHICH
CASE A MAXIMUM STOP CHARGE AND BILLING CREDIT EQUAL TO THE
COST OF THE DAMAGE WAIVER PROGRAM FOR ONE BILLING CYCLE
WILL BE MADE UPON THE REQUEST OF LESSEE.

3. Damage Waiver Program (not available for units in
Louisiana and Florida)

The Damage Waiver Program is not insurance and does not
protect you for liability to others or Lessor. For an additional
lease rate as set forth above, Lessor will provide the Damage
Waiver for damage or loss to the Equipment under this Lease. This
Damage Waiver Program is subject to a $1,000 deductible
amount, per floor. Therefore, Lessee is solely responsible for the
first $1,000 per unit of damage or loss with respect to the
Equipment. This Damage Waiver Program covers only loss or
damage to the leased Equipment. Lessee bears sole

responsibility for all other direct or incidental losses, damage, or injuries occasioned by its use of the Equipment, including but not limited to personal injuries to employees or third parties or physical damage or loss to real or personal property not included as Equipment under this Agreement. The program does not cover damages from vandalism, flood, named storms, damages caused by Lessee’s negligence or any third party not representing Lessee or Lessor, Lessee’s willful actions or failure to act, improper use or operation of the Equipment in a manner prohibited by this Agreement, overloading or improper load distribution, failure to perform routine janitorial or cleaning causing damage, or damage caused by Lessee’s failure to promptly notify Lessor in writing of items requiring correction or repair, or failure by Lessee to take reasonable precautions against theft or forced entry (theft and forced entry must be accompanied by police report and reported within 3 days).

OPTION TO OFFER DAMAGE WAIVER PROGRAM IS AT LESSOR’S SOLE DISCRETION.

  1. Delineation of Responsibility

If an obligation is not expressly stated in this Agreement, then it is not the responsibility of Lessor.

  1. Delivery by Lessor

Lessor is not liable to Lessee for any failure or delay in obtaining or
delivering the Equipment. By taking delivery, Lessee acknowledges
that the Equipment is in good operating order, repair, working
condition, and is fit for the purpose for which it is leased. Lessee
must provide upon request, a separate Equipment acceptance
notification.

Lessee is solely responsible for site selection, local code compliance,
all zoning approvals, permits (except transport), providing a level (1’
in 70’) and truck accessible site, both at time of installation and
removal, with a bearing surface of a minimum of 3,000 PSF and a
site clear of obstructions, both above and below ground. Lessor is
not responsible for building settlement or soil heaving due to
inadequate foundation. All site restoration is the sole responsibility
of Lessee. Lessor is not responsible for unforeseen conditions.

If the Lessee does not own the site where Lessee places the

Equipment, Lessee must notify the landowner that the Equipment is
leased. Lessee will indemnify Lessor if the landowner attempts to
assert an ownership interest in the Equipment. If requested in writing by Lessor, or Lessor’s lender, Lessee will exercise reasonable efforts to obtain written authorization from the landowner that permits Lessor and/or Lessor’s lender, or their respective successors and/or assigns, to enter onto landowner’s property to access, inspect, repair, replace and/or remove the Equipment.

6. Taxes, Fees, and Expenses

In addition to the rental payments, Lessee agrees to pay all
costs, expenses, fees, and charges incurred in connection with
the Equipment, the use and operation of the Equipment,
servicing costs, sales taxes, personal property, and other ad
valorem taxes, and all assessments and other governmental
charges whatsoever and by whomsoever payable on said

Equipment, or on the use, ownership, possession, rental,

shipment, transportation, delivery, or operation of the

Equipment. However, Lessor will pay licensing and registration
fees and federal or state net income taxes against Lessor on or
measured by rentals payable under this Agreement, or the net
income under this Agreement. Upon Lessor’s demand, Lessee
will reimburse Lessor for the full amount of any costs, expenses,
taxes, fees, or other charges paid by Lessor.

7. Lawful Use, Assignment, and Subletting Prohibited

Lessee will use or permit the use of the Equipment only for
lawful purposes and will keep it at the location provided above
during the entire lease term. The Equipment must be at all
times used and operated in compliance with all laws of any
jurisdiction where it is located. Lessor assumes no responsibility
for compliance with state or local codes. Lessee will not assign,
transfer, sublet, or in any way assign its rights under this

Agreement and may not pledge, permit to be liened, mortgage,
hypothecate, or otherwise encumber or charge its rights or
interests under this Agreement.

Lessee must give Lessor immediate notice of any purported
attachment or other judicial process affecting any of the
Equipment. Without Lessor’s written permission, Lessee may
not attempt to or actually:

(i) pledge, lend, create a security interest in, sublet, exchange,

trade, assign, swap, use for an allowance or credit or otherwise;

(ii)allow another to use;

  • part with possession;
  • dispose of; or
  • remove from the location of installation, any item of
    Equipment. If any item of Equipment is exchanged, assigned,
    traded, swapped, used for an allowance or credit or otherwise
    to acquire new or different equipment (the “New Equipment”)
    without Lessor’s prior written consent, then all of the New
    Equipment will become equipment owned by Lessor subject to
    this Agreement.
  1. Indemnity

Lessee indemnifies Lessor and holds Lessor, its officers, agents,
and employees harmless of and from all losses, damages,
claims, demands, or liability of any kind or nature whatsoever,
including legal expenses and attorneys’ fees and costs arising
from or related to the use, condition, or operation of the
Equipment, and by whomsoever used or operated.

  1. Maintenance, Damage, and Destruction

Lessee must, at its own expense, at all times keep the

Equipment in good and efficient working order, condition, and
repair, and must keep and maintain on the Equipment such
identification of ownership as Lessor may require. Lessee bears

the risk of damage, theft, or destruction of the Equipment from every cause, and must make all replacements, repairs, or substitution of parts or Equipment at its expense, all of which will constitute an accession to the Equipment, and title of the Equipment will vest in Lessor. Should the Equipment be damaged by any reason and be capable of repair, Lessor may repair the same at Lessee’s expense, or at Lessor’s option, Lessee must repair the same at Lessee’s expense to Lessor’s specifications, as quickly as circumstances permit. Lessee will be responsible for all damages caused by moisture or water intrusion not reported promptly to Lessor for correction and repair. Lessee will not move Equipment without written permission of Lessor.

Upon the total loss of any or all the Equipment, to such an extent as to make the repair of the Equipment uneconomical in Lessor’s sole opinion, Lessor may declare the Equipment a “Total Loss.” Upon a Total Loss of the Equipment, Lessee must pay Lessor on the next day for the payment of rent: the rent then due, plus the current market value of the Equipment had a Total Loss not occurred, less all insurance proceeds actually paid or assigned to Lessor from the insurance maintained by Lessee, plus all applicable taxes and fees and transfer taxes (together, the “Total Loss Amounts”). Upon Lessor’s receipt of the Total Loss Amount, Lessee’s lease obligations will terminate and Lessor will transfer available ownership documents, if any, to Lessee, unless Lessor agrees in writing to dispose of the Equipment and at Lessee’s sole cost and expense.

10. Inspection by Lessor

Lessor, and any lender of Lessor may inspect the Equipment at any reasonable time, and
has the right to post any notice of non- responsibility or any
other notice protecting its interest.

  1. Accidents and Claims

Within 24 hours after any accident involving Equipment, Lessee
must notify Lessor by telephone and within 48 hours notify
Lessor in writing. Said report must state the time, place, and
nature of the event; the damage sustained; the addresses of
persons involved, persons injured, and witnesses; and any other
information relating to said event, and must promptly forward
to Lessor all correspondence, notices, or documents received in
connection with any claim or demand relating to the

Equipment or its operation and must aid in the investigation
and defense of all such claims and demands. Nothing in this
section modifies the provisions of Article 8 above, in which
Lessee holds Lessor harmless and indemnifies Lessor against all
these matters, and Lessor will have no responsibility to take any
actions in the event of such casualty. Rent will continue to be
charged on damaged Equipment until a final settlement check
has been received from Lessee’s insurance provider in an
amount adequate to compensate Lessor.

  1. Non-Liability of Lessor

Unless caused by Lessor’s gross negligence, Lessor will not be
liable to Lessee for any loss, damage, or expense of any kind or
nature caused directly or indirectly by the Equipment, or by the
use, maintenance, operation, handling, or storage of the
Equipment, or for the loss of Lessee’s business, or damages
whatsoever or howsoever caused.

  1. Default

Each of the following events is an “Event of Default” as the term
is defined in any agreement between the Parties:

(A) If Lessee fails to pay when due any payment or any other
amount owing;

(B)If Lessee fails to perform any other term, covenant, or
condition of this Agreement or any other agreement between
the Parties on Lessee’s part to be observed or performed.

(C)If Lessee files for relief under any bankruptcy or similar law
for the relief of debtors, or if Lessee makes any assignment for
benefit of creditors, or if a receiver is appointed to take

possession of any of the assets of Lessee, or any involuntary
bankruptcy is filed against Lessee.

(D)If Lessor considers itself insecure.

Upon an Event of Default, the Equipment and any rights of
Lessee in the Equipment will be surrendered to Lessor. Lessor
may take possession of the Equipment and is authorized by
Lessee to enter upon any premises of Lessee without notice for
the purpose of taking possession of the Equipment. Lessor may
retain all rents and any other amounts paid by Lessee under
this Agreement. Repossession by Lessor or the surrender of the
Equipment to Lessor will not affect the right of Lessor to
recover from Lessee any and all damages that Lessor will have
sustained by reason of the breach of any of the covenants,
terms, or conditions of this Agreement. Lessee will continue to
be responsible for all the rental payments for the remainder of
the term of this Agreement and for the payment of any other
amounts owing. Nothing in this paragraph is a limitation on
Lessor’s right to damages.

Upon an Event of Default, Lessor may:

(A) relet the Equipment or any portion of the Equipment for
such periods, at such rental amounts as it considers reasonable.
After deducting its costs and expenses in such reletting, may
apply any net proceeds received to the amounts payable by
Lessee under this Agreement, or

(B)sell the Equipment or any portion of the Equipment, and
after deducting its costs and expenses in connection with said
sale or sales, apply the net proceeds to the amounts payable by
Lessee under this Agreement. Lessee must pay any deficiency,
as determined by the amount the net proceeds of said sale or

reletting is less than the amount to be paid by Lessee under
this Agreement, or

(C)cancel and terminate the entire Agreement, and any and all
separate Rental Orders made under this Agreement.

Lessor, at its sole option, may recover from Lessee the worth, at
the time of the termination, of the excess between:

  1. the amount of rent and charges equivalent to rent reserved
    under this Agreement for the remainder of the term of the
    Equipment and
  2. the then reasonable rental value of the Equipment for the
    remainder of the stated term.

Lessor will have all other remedies in its favor existing in law,
equity, or bankruptcy, and the remedies in this Agreement will
be cumulative and not exclusive.

14. Cross-Default

Lessor and Lessee may supplement this Agreement with
schedules and amendments. In addition, Lessor and Lessee may
enter into additional lease agreements or sale agreements with
each other. A default under this Agreement also constitutes a
default under every other agreement the Parties may have with
each other. Further, a default under any agreement between
Lessor and Lessee constitutes a default under this Agreement.

15. Return of Equipment, Termination of Agreement

At the expiration of the term of the Lease, Lessee must cause the Equipment to be
returned to Lessor at any location designated by Lessor. Lessor,
in its sole discretion, will determine how the Equipment will be
returned to it, and Lessee will provide Lessor with at least
fourteen (14) working days’ advance notice of its return. The
Equipment must be “broom clean” and in the same condition
as delivered to Lessee, ordinary wear and tear excepted.
Termination will become effective only when the Equipment has
been returned to Lessor as provided in this Agreement and
Lessee has paid Lessor all unpaid rental and other charges
applicable to the Equipment. Lessee agrees that before the
return of the Equipment to Lessor or upon notice of its

repossession, Lessee must immediately disconnect all utilities
connected to the Equipment, remove all the Lessee’s personal
property from the Equipment, and vacate the Equipment so
that the Equipment can be returned to the Lessor. Whenever
Lessor or its agents pick up or repossess the Equipment, Lessee
must remove any barriers or restrictions to make the

Equipment readily accessible for removal by truck, without
additional inconvenience or expense. All site restoration is the
responsibility of Lessee. Lessor will not be liable for keeping or
storing any personal property of the Lessee left in, on or
around the Equipment; such property will be treated as

abandoned by Lessee and Lessee consents to the disposal of
such personal property by Lessor, at Lessee’s expense. Any
accessories in addition to the returned Equipment are part of

the Equipment and the property of the Lessor. Lessee must
reimburse Lessor for all costs incurred related to returning the
Equipment, repairing the Equipment, cleaning debris, trash, or
personal property left in the Equipment, or otherwise restoring
the Equipment to its condition when delivered, ordinary wear
and tear excepted. Lessee indemnifies, defends, and holds
Lessor harmless from all claims of Lessee or third parties arising
from any return, retaking, or repossession of the Equipment.

16. Early Termination

The Parties are unable to ascertain the actual damages Lessor
will incur if Lessee terminates this Agreement before the
Equipment’s Minimum Initial Term expires (“Early Termination”).
As a reasonable forecast of damages expected to occur upon
Early Termination, in addition to all amounts due and owing
before the Early Termination and all of Lessor’s costs and
expenses caused by the Early Termination, Lessee must pay
Lessor 100% of all remaining lease
payments and all other amounts that would have been due
under the Equipment’s Rental Order had the Early Termination
not occurred, less the net proceeds, if any, of re-letting the
Equipment after deducting all of Lessor’s expenses incurred in
connection with the re-letting.

17. REPOSSESSION

LESSEE ACKNOWLEDGES THAT, UNDER ARTICLE 13 OF THIS AGREEMENT, LESSOR HAS BEEN GIVEN THE RIGHT TO REPOSSESS THE EQUIPMENT SHOULD AN EVENT OF DEFAULT OCCUR. LESSEE WAIVES THE RIGHT, IF ANY, TO REQUIRE LESSOR TO GIVE LESSEE NOTICE AND A JUDICIAL HEARING BEFORE EXERCISING SUCH RIGHT OF REPOSSESSION.

  1. Limited Warranty

EXCEPT AS SPECIFICALLY PROVIDED IN THIS SECTION, LESSOR DISCLAIMS ANY AND ALL WARRANTIES, EXPRESSED OR IMPLIED, RELATING TO THE EQUIPMENT AND ANY MAINTENANCE OR REPAIR WORK PERFORMED BY LESSOR, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, SUITABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. LESSEE ACKNOWLEDGES THAT IT IS NOT RELYING ON LESSOR’S SKILL OR JUDGMENT TO SELECT OR FURNISH GOODS SUITABLE FOR ANY PARTICULAR PURPOSE AND THAT THERE ARE NO

WARRANTIES CONTAINED IN THIS AGREEMENT OR ANY
OTHER AGREEMENT WITH LESSOR.

  1. Limitation of Liability

IN NO EVENT WILL LESSOR BE LIABLE TO LESSEE OR TO ANY
THIRD PARTY FOR ANY LOSS OF USE, REVENUE, OR PROFIT [OR
LOSS OF DATA OR DIMINUTION IN VALUE], OR FOR ANY
CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY,
SPECIAL, OR PUNITIVE DAMAGES, WHETHER ARISING OUT OF
BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR
OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS
FORESEEABLE AND WHETHER OR NOT LESSOR HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,

AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR
OTHER REMEDY OF ITS ESSENTIAL PURPOSE.

IN NO EVENT WILL LESSOR’S AGGREGATE LIABILITY ARISING
OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING
OUT OF OR RELATED TO BREACH OF CONTRACT, TORT
(INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED TWO (2)
TIMES THE AGGREGATE AMOUNTS PAID OR PAYABLE TO
LESSOR UNDER THE APPLICABLE RENTAL ORDER.

  1. Lessor’s Assignment

Lessee agrees that nothing contained in this Agreement will
prohibit the Lessor, its assigns, and successors from selling,

assigning and transferring all of its right, title, and interest in
and to this Agreement, the property described in this
Agreement, and all monies to become due under this
Agreement

  1. Attorney’s Fees and Costs

If Lessee defaults, Lessor is entitled to recover from Lessee, in
addition to all other items of damages, all costs and expenses,
including court costs and reasonable attorneys’ fees incurred by
Lessor to enforce its rights and remedies under this Agreement.

  1. Financing Statement

Lessor is authorized by Lessee to cause this Agreement or other
instruments, including Uniform Commercial Code Financing
Statements, to be filed or recorded for the purposes of showing
Lessor’s interest in the Equipment. Lessee agrees to execute any
such instruments as Lessor may request from time to time.

  1. Miscellaneous

Time is of the essence regarding this Agreement. This

Agreement may be signed in any number of counterparts and
each will constitute a duplicate original. The Parties agree to
execute, or if required, acknowledge such further counterparts
of this Agreement or any other documents as may be necessary

to comply with the provisions of any applicable law at any time in force which requires the recording of filing of this Agreement or a copy of this Agreement in any public office of the United States or any state or political subdivision, and Lessee agrees to pay the fees or charges imposed by law for any such

mandatory filing or recording as well as the amount of any stamps or documentary taxes, federal or state, levied or assessed on this Agreement. The relationship between the Parties is that of Lessor and Lessee and Lessee’s only interest under this Agreement is as a Lessee. Lessee does not have and will not acquire any right, title, interest, or equity whatsoever in the Equipment. The Equipment will remain the sole property of the Lessor. The Equipment will remain personal property regardless of its use or manner of attachment to realty.

This Agreement was jointly drafted by the Parties, and the Parties agree that neither should be favored in the construction, interpretation, or application of any provision or any ambiguity. There are no unwritten or oral agreements between the Parties. This Agreement, and any schedules or amendments, constitute the entire understanding and agreement between Lessor and Lessee with respect to the lease of the Equipment superseding all prior agreements, understandings, negotiations, discussions, proposals, representations, promises, commitments, and offers between the Parties, whether oral or written. The provisions of the Agreement are primary, and no provision of this Agreement will be waived, amended, discharged, or modified orally or by custom, usage, or course of conduct, unless such waiver, amendment, or modification is in writing and signed by an

officer of each of the Parties.

This Agreement, the Rental Orders, lease schedule(s), attached riders, and any documents or instruments issued or executed under this Agreement will have been made, executed, and delivered in, and will be governed by the internal laws (as opposed to conflicts of law provisions) and decisions of the State of New York. Lessee and Lessor consent to the exclusive jurisdiction of any local, state, or federal court located within New York. Venue must be in New York, and Lessee waives local venue and any objection relating to New York being an improper venue to conduct any proceeding relating to this Agreement. Provisions of this Agreement are severable, and the invalidity of any provision will not affect the validity of any other provision.

It is the policy of Lessor not to discriminate against any employee or applicant for employment because he or she is an individual with a disability or a protected veteran. We encourage you to do the same.

24. Notices

All notices, requests, consents, claim, demands, waivers, and other communications under this Agreement must be in writing, and such notices will become effective when deposited in the United States mail, with proper postage prepaid, addressed to the Parties at such respective addresses appearing

in this Agreement, or at such other addresses either Party may
from time to time notify the other in writing.

25. Net Lease

This Agreement is a net lease and Lessee’s obligations to pay
all lease charges and other amounts payable under this

Agreement are absolute and unconditional and, except as

expressly provided in this Agreement, will not be subject to any:

  1. delay, abatement, reduction, defense, counterclaim, set-off,
    or recoupment;
  1. Equipment failure, defect or deficiency; (iii) damage to or
    destruction of the Equipment; or

(iv) dissatisfaction with the Equipment or otherwise, including
any present or future claim against Lessor or the manufacturer,
supplier, reseller, or vendor of the Equipment. Except as
expressly provided, this Agreement and any Rental Orders will
not terminate for any reason, including any defect in the
Equipment or Lessor’s title of the Equipment or any destruction
or loss of use of any item of Equipment.

26. Credit

Lessor has the right to require two (2) years’ audited financial
statements periodically and other documentation from Lessee
for credit approval. Lessor specifically reserves the right to

refuse acceptance of any additional Rental Orders to this
Agreement if Lessee is in arrears on payment, or inadequate
security or credit information is provided by Lessee.

27. Billing, Interest, and Late Charges

Invoicing will be done on a monthly basis. If payment is not
received on the due date indicated on an invoice, to

compensate Lessor for damages caused by Lessee’s failure to
pay on time, Lessee must pay interest on all late payments in an
amount equal to the lesser of: (a) one and one-half percent
(11/2%) per month, or (b) the maximum percentage allowed by
law, calculated daily and compounded monthly.

LESSEE WILL BE BILLED ON A MONTHLY BASIS IN ADVANCE.
LESSOR WILL NOT PRORATE ANY FRACTION OF A BILLING
CYCLE.

JOINT AND SEVERAL LIABILITY. If more than one Lessee is

named in this Agreement, the liability of each shall be joint and
several.

CHOICE OF LAW. This Agreement and its performance shall be
governed exclusively by the laws of the State of New York.

ORIGINAL AGREEMENT. There shall be one original of this
Agreement executed by all the parties and marked “Original”
on the first page thereof. Any duplicate original of this

Agreement shall be marked “Duplicate Original” on the first page thereof.

WARRANTIES. LESSEE ACKNOWLEDGES AND AGREES THAT LESSOR HAS MADE NO WARRANTIES OR REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, RELATING TO ANY OF THE MATTERS CONTAINED IN THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, THE CONDITION OF THE PROPERTY, ITS MERCHANTABILITY OR ITS FITNESS FOR ANY PARTICULAR PURPOSE.

TITLES. The titles of the Sections of this Agreement are solely for the convenience of the parties, and are not to be used as an aid in the interpretation of the terms and conditions thereof.

ENTIRE AGREEMENT. The foregoing constitutes the full and complete Agreement between the parties, and all other oral or written agreements in relation to the subject matter of this Agreement are hereby rescinded.

BINDING EFFECT. THIS AGREEMENT SHALL BECOME THE LEGAL AND BINDING OBLIGATION OF THE LESSOR AND LESSEE ONLY UPON EXECUTION OF THIS AGREEMENT BY AUTHORIZED REPRESENTATIVES OF EACH PARTY, AT THEIR PRINCIPAL PLACES OF BUSINESS. NO OTHER CONTRACT AND NO AGREEMENT, CONSIDERATION OR STIPULATION MODIFYING OR CHANGING THE TENOR HEREOF SHALL BE RECOGNIZED AS BINDING UNLESS APPROVED IN LIKE MANNER. IN

WITNESS HEREOF, the parties hereto have duly executed this Agreement on the date set forth below.

LESSOR: MH Leasing LLC

SIGNATURE:

PRINT NAME:

TITLE:

DATE:

LESSEE:

SIGNATURE:

PRINT NAME:

TITLE:

DATE: